About

“The instructor offered great knowledge and experience – I enjoyed the real life examples which made it more real and I could relate it to my own experiences” – Brett Wolfsbauer, Project Manager, Powerco attended in March 2012

About this course

Contract Law for Non Lawyers is an intensely practical guide through the essentials of contract law, exploring such details as when a contract will be required, when you have a contract (and don’t necessarily know it), what types of contract exist and the effect of statutes on your contractual arrangements.

Contract Law for Non Lawyers also scrutinises what happens when things go wrong, including how you can get out of a contract, options for assessing damages and remedies for breach and looking at the contractual implications of working in an e-commerce environment. This course will help you grasp the crucial ingredients required for a good contract, and gain tips for understanding contractual material.

Attend to learn how to:

• Develop legally astute and advantageous contracts
• Achieve effective, workable solutions for all your contracting needs
• Ensure your contracts are plainly expressed and risk-managed
• Protect your interests if things go wrong
• Understand the force of your contractual obligations
• Recognise the optimal times to exert the power of the clauses in your contracts

Top 10 course

This popular Bright*Star training course was rated a top 10 course in 2011. To add value to your learning experience, time has been allocated for individual and group exercises, general discussion, networking and the opportunity to share your challenges as well as to pick up valuable tips from both your contemporaries and the facilitator.

Outline

What Makes A Good Contract?

The Essential Ingredients

• Offer and acceptance
• Certainty
• Intention to create legal relations
• Consideration
• Capacity
• Statutory provisions

Creating Contracts That Can Be Enforced

• When do contracts have to be in writing?
• How do you sign a contract?
• Impact of the Electronic Transactions Act 2002 on writing and signature requirements

What Kinds Of Contracts Are There?

• Deeds versus simple contracts — what’s the difference?
• What are implied terms?
• Standard form contracts and other express forms of contract

“Hands-On” Workshop: Constructing Good Contracts

• The real costs of "sloppy" contracts: learning from the mistakes of others
• Understanding the form and content of a contract
• What makes a good contract: details and consistency
• The advantages of “plain English” drafting
• Risk management in contract drafting: exemption clauses and limitations of liability
• Alternative Dispute Resolution (ADR) clauses
• The international dimension: jurisdiction and choice of law clauses
• Minimising misunderstanding: traps and pitfalls when drafting clauses
• Tips for effectively reading contracts

The Effect of Estoppel and Statutes on Your Contract

Estoppel — A Double-Edged Sword

• What are the principles?
• Estoppel in practice
• How and when to use it or avoid it being used against you

Statutory Impact On Contract Law

Discussion includes:

• Fair Trading Act 1986
• Consumer Guarantees Act 1993
• Sale of Goods Act 1908
• Employment Relations Act 2000 
• Commerce Act 1986
• Copyright Act 1994
• Construction Contracts Act 1992
• Privacy Act 1993

What Happens When Things Go Wrong?

Setting Aside Contracts

• Mistake
• Misrepresentation
• Duress 
• Undue influence
• Unconscionability

Remedies for Breach or Repudiation

• Injunctions
• Specific performance
• Cancellation
• Damages
• Restitution

Assessing Damages

• How and when damages are assessed
• What if the contract provides for the way damages are assessed?
• Liquidated damages and penalty clauses
• Expectation, reliance and restitution losses
• Damages resulting from "loss of a chance"
• Damages for disappointment, distress and psychological injury arising from breach of contract
• Matters affecting the recovery of damages: mitigation and contributory negligence

Facilitator

Terry Reid, Barrister and Solicitor

A popular leading specialist in legal training, Terry Reid combines teaching with legal consultancy work across Asia and the Pacific. Terry has over 20 years as a barrister and solicitor and teaching experience at a tertiary level, having begun to lecture law after time in legal practice. Terry was educated at the Universities of Auckland and University of Melbourne and now mixes teaching, a law practice and legal consultancy across Asia and the Pacific.

Terry regularly provides courses for professional organisations and private sector clients, advising on topics such as contract law, strategic governance and regulatory reform in financial markets. He regularly provides advice to organisations such as the Asian Development Bank, World Bank and Governments’ on business law reform.  design of reform programs as well as drafting legislative instruments.

As well as working in Australia and New Zealand he has worked extensively in South East Asia and the Pacific. He is currently the team leader on two major business law reform projects in the Solomon Islands and Vanuatu. This advisory work includes the provision of advice to Governments on business law policy, design of reform programs as well as drafting legislative instruments. A large part of this work involves the training of government officers and private sector participants on law reform issues.

Terry regularly presents to a wide range of audiences on business law topics. He has particular interests in contract law, corporations' law and general business law including trade practices. He is a regular presenter at international conferences and has published widely in his areas of expertise.

Terry Reid is also facilitating:

• Advanced Contract Law For Non Lawyers
• Business Law for Non Lawyers

In-house Training